(a) The municipal court or county court that has territorial jurisdiction over the residence of the owner, keeper, or harborer of a dog shall conduct any hearing concerning the designation of the dog as a nuisance dog, dangerous dog, or vicious dog.
(b) If the Greenhills Municipal Manager, or the Greenhills Chief of Police, has reasonable cause to believe that a dog in the person’s jurisdiction is a nuisance dog, dangerous dog, or vicious dog, either the Greenhills Municipal Manager or the Greenhills Chief of Police shall notify the owner, keeper, or harborer of that dog, by certified mail or in person, of both of the following:
(1) That the Greenhills Municipal Manager or the Greenhills Chief of Police has designated the dog a nuisance dog, dangerous dog, or vicious dog, as applicable;
(2) That the owner, keeper, or harborer of the dog may request a hearing regarding the designation in accordance with this section. The notice shall include instructions for filing a request for a hearing in the county in which the dog’s owner, keeper, or harborer resides.
(c) If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a nuisance dog, dangerous dog, or vicious dog, as applicable, the owner, keeper, or harborer, not later than ten days after receiving notification of the designation, may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the municipal court or county court that has territorial jurisdiction over the residence of the dog’s owner, keeper, or harborer. At the hearing, either the Greenhills Municipal Manager or the Greenhills Chief of Police who designated the dog as a nuisance dog, dangerous dog, or vicious dog has the burden of proving, by clear and convincing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dog. If the dog has injured another domesticated animal or person, or has killed another domesticated animal or person, either of these actions shall constitute prima-facie evidence of violation of 505.02(a)(1)A. or 505.02(a)(6)A. The owner, keeper, or harborer of the dog or the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog may appeal the court’s final determination as in any other case filed in that court.
(d) A court, upon motion of an owner, keeper, or harborer or an attorney representing the owner, keeper, or harborer, may order that the dog designated as a nuisance dog, dangerous dog, or vicious dog be held in the possession of the owner, keeper, or harborer until the court makes a final determination under this section or during the pendency of an appeal, as applicable. Until the court makes a final determination and during the pendency of any appeal, the dog shall be confined or restrained in accordance with the provisions of division (D) of section 505.021 of the this Code that apply to dangerous dogs regardless of whether the dog has been designated as a vicious dog or a nuisance dog rather than a dangerous dog. The requirements established in the Revised Code that concern a nuisance dog, dangerous dog, or vicious dog, as applicable, until the court makes a final determination and during the pendency of any appeal.
(e) If a dog is finally determined under this section, or on appeal as described in this section, to be a vicious dog, division (d) of section 505.02 and divisions (d) to (i) of Section 505.021 of this Code in an amount described in R.C. 955.99(H)(2).
(f) As used in this section, “nuisance dog,” “dangerous dog,” and “vicious dog” have the same meanings as in Section
(Ord. 2013-23-T&S. Passed 9-3-13; Ord. 2016-03-L&R. Passed 3-22-16.)